Marriage, Sterilization and Commitment Laws Aimed at Decreasing Mental Deficiency

Abstract

During the last decade there has been a growing interest among all intelligent people in the problem of moral and social reform. Foundations have been established, social settlements endowed and societies of various kinds formed for the improvement of conditions among the human race. Women's clubs have conducted organized philanthropy. Psychologists have brought their best thought to bear upon the subject, and other educators have come to regard the solution of this problem, even in a very small part, as their most pressing duty. As one result of this activity there have been gathered statistics rgarding the number and condition of the mentally deficient, and others socially unfit, that are truly appalling. This does not mean that the number of persons mentally and physically diseased is necessarily greater than formerly, but it does mean that there is greater intelligence respecting such conditions. In the light of what Miss Addams calls a new conscience, people are seeking a remedy for these evils. There are indications of a willingness to seek a lessening of physical, mental and moral deficiency through the prohibition of unfit marriages, and the commitment and proper care of the defectives. A strong moral sentiment already exists against the marriage of persons tainted with insanity, epilepsy and venereal diseases. At the meeting of the first International Eugenics Congress in London, July, 1912, there was much discussion of this aspect of the problem. It was urged to check the transmission of criminal tendencies, stop immorality, and stamp out degeneracy by preventing the reproduction of the unfit and by forbidding marriages of the mentally deficient. It is immediately evident that to accomplish this there must be suitable legislation. Moral sentiment alone affects only certain classes, and the psychology of the masses makes legal provision necessary. This has already been done to a certain extent in both the United States and Europe, and a brief survey of these laws may help us to get a comprehensive view of the conditions and a realization of the need of regulation. At present thirty of the United States, including territories and the District of Columbia, have restrictive marriage laws of some sort. Twenty-two of these simply declare voidable marriage of insane per-